Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

As legislators, we need to recognise that we have a problem in this country with people, particularly women, coming forward and being prepared to make complaints in respect of rape and other sexual offences. Part of the reason is that they find the process very intimidating and threatening. While ensuring an accused has a fair trial, we also have an obligation to put in place laws that make it more conducive for people to make complaints when they have been victims of sexual abuse. At present, the proper test should be that somebody looking at what happened objectively would think it is reasonable or unreasonable for the person to have believed consent was forthcoming. It is unfair for persons to be able to defend themselves in our legal system on the basis of saying, "Well, I honestly thought that she was consenting", even though anyone objectively looking at it would regard that as a grossly unreasonable basis of assessment. I welcome the Minister's statement that he is bringing forward this legislation. It is complicated but we need to introduce legislation in line with the Law Reform Commission recommendation.

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